Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Geoffrey Michael Kempthorne; Maher Mining Contractors Pty Ltd; Mark Gareth Creasy
[2009] NNTTA 11
•11 February 2009
NATIONAL NATIVE TITLE TRIBUNAL
Marianne Velickovic & Others on behalf of the Widji People/Western Australia/Geoffrey Michael Kempthorne; Maher Mining Contractors Pty Ltd; Mark Gareth Creasy, [2009] NNTTA 11 (11 February 2009)
Application Nos: WO08/729, WO08/731, WO08/732, WO08/739
IN THE MATTER of the Native Title Act 1993 (Cth)
-and-
IN THE MATTER of an inquiry into expedited procedure objection applications
Marianne Velickovic and Others on behalf of the Widji People – WC98/27
(native title party)
-and-
The State of Western Australia (Government party)
-and-
Geoffrey Michael Kempthorne (WO08/729)
Maher Mining Contractors Pty Ltd (WO08/731, WO08/732)
Mark Gareth Creasy (WO08/739) (grantee parties)
DECISION TO DISMISS OBJECTION APPLICATIONS
Tribunal: Hon C J Sumner, Deputy President
Place: Perth
Date of decision: 2 February 2009
Date of reasons: 11 February 2009
Catchwords: Native title – future acts – proposed grant of prospecting licences – expedited procedure objection applications – failure to comply with directions – springing orders dismissing expedited procedure objection applications in event of non-compliance – objection applications dismissed.
Legislation: Native Title Act1993 (Cth) ss 29, 148(b)
Cases:Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner
Representative of the
native title party: Mr Jerome Frewen, Desert Management Pty Ltd
Representatives of the Mr Greg Abbott and Ms Violet Jacobs,
Government party: Department of Mines and Petroleum
Representative of the Ms Angela Blackmore, Tenement Administration Services Pty Ltd
grantee parties: (WO08/731-732);
Mr Chris Clegg, Statewide Tenement & Advisory Services (WO08/739)
REASONS FOR DECISION TO DISMISS OBJECTION APPLICATIONS
Background
On the dates specified in the attached schedule, the Government party gave notice under s 29 of the Native Title Act1993 (Cth) of its intention to grant certain prospecting licences to the grantee parties specified therein and included in the notice a statement that it considered that the grants attracted the expedited procedure.
On the dates specified in the attached schedule, Marianne Velickovic on behalf of the Widji People – Native Title Claim No. WC98/27 registered from 15 June 1998 (‘the native title party’) made expedited procedure objection applications to the Tribunal.
Relevant facts
In each case the Tribunal made directions on the date specified in the attached schedule requiring all parties to produce contentions and evidence for the conduct of the inquiry to determine whether or not the expedited procedure was attracted. The native title party was to provide a statement of contentions, documentary evidence and witness statements verified where possible by affidavits on or before the dates specified in the attached schedule. The directions imposed a springing order which has the effect of immediately dismissing the objection application pursuant to s 148(b) of the Native Title Act if there is non-compliance by close of business on the due date. In making the decision to impose the springing order I adopted the Tribunal’s findings in Leonne Velickovic on behalf of the Widji People/Western Australia/Frederick Saunders, NNTT WO05/564, [2006] NNTTA 76 (15 June 2006), Hon C J Sumner at [15] – [21]. The native title party has in each case failed to comply by the due date.
Decision
Expedited procedure objection applications specified in the attached schedule are dismissed pursuant to s 148(b) of the Native Title Act1993 (Cth).
Hon C J Sumner
Deputy President
11 February 2009
SCHEDULE - DECISION TO DISMISS OBJECTION APPLICATIONS
| Tenement No(s). | Date of Govt Party Notification (s 29 notice) | Objection Application No. | Date Objection Application Lodged | Grantee Party/ies | Date Directions Made | Dismissal Date by operation of the Springing Order |
| P26/3677 | 10/09/2008 | WO08/729 | 10/09/2008 | Geoffrey Michael Kempthorne | 1 October 2008 | 2 February 2009 |
| P26/3623 | 10/09/2008 | WO08/731 | 10/09/2008 | Maher Mining Contractors Pty Ltd | 1 October 2008 | 2 February 2009 |
| P26/3624 | 10/09/2008 | WO08/732 | 10/09/2008 | Maher Mining Contractors Pty Ltd | 1 October 2008 | 2 February 2009 |
| P15/5259 | 10/09/2008 | WO08/739 | 10/09/2008 | Mark Gareth Creasy | 1 October 2008 | 2 February 2009 |
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